Court Records Search
Any effective court records search requires that the searcher have as much information as necessary in order to produce optimal results. If one’s occupation is that of a title searcher, his access to court records is more liberal and he has greater ability to perform effective court record searches. However, the general public can also perform court record searches, but the fruits of their labor may be more cursory; or, if more detailed information is needed, may be more costly. The most common types of searches performed are a court docket search, county court records search, or search for court records online.
Breakdown of Court Records
Court record searches can help you to find criminal/civil records, land records or UCC filings; these are found by conducting online searches, county court record searches or even docket searches. Criminal records searches will provide information about cases that have been filed against a person who is termed the "defendant" by any state or federal municipality, and the final adjudication or the status of the case. These cases are usually captioned “State versus” with the name of the party defendant, or the accused. More detailed information regarding the case may be given depending on the nature of the search.
For example, an employer who needs to do a background check on a potential employee may need to know the disposition of any drug-related offenses and may have greater access to such information. A lot of court record sites require that the reason for the search be indicated before any information is disseminated, such as whether the search is for an extension of credit or for employment purposes.
Information You Will Find
Civil records will provide information about all cases that are not criminal, such as cases that are brought by creditors and where the “punishment” will be monetary in nature.
Land records will detail all information about any real estate holdings that a party may have, and whether that property is encumbered with a mortgage, deed of trust or any liens as a result of judgments that may result from a civil adjudication. Land record searches can also allow the searcher to determine whether or not any property taxes are owed on the property and in what amount.
UCC filings are used to determine whether any businesses have filed a UCC filing. A UCC filing is a financing statement that a company will file with state or local jurisdictions which will perfect a security interest in any equipment or property to secure a loan. The document will contain the name and address of the debtor as well as the secured party, and a description of the collateral. The financing statement is proof or verification of a security interest in personal property.
Information Needed
Most court record searches require the full names of the parties, commonly referred to as the plaintiff or the defendant, the date of the initial filing and the court in which the case was brought. Without at least that information, most searches will be fruitless.
Online Databases
Major courts around the country have an online website where a database of court information can be located. However, very few local courts have such a resource because of the cost of implementation and the funds are simply not available to small jurisdictions. In these instances, a trip to the local courthouse will be required. Performing an online search through public search engines for the judiciary system and name of the desired state might produce some results. For instance, the State of Maryland has a website, the Maryland Judiciary System, where district and circuit (local courts) information can be found.
Performing Court Records Searches in Person
Assuming a trip to the local courthouse is necessary, the court records search can be done in one of two ways. There may be a computer or mainframe system where local information is stored. The search will be performed in the same way as would be done on-line. The litigant’s names will be required, or at least the last name and possibly first initial, as well the date on which the suit was filed. This minimal information may result in a list of names which will require weeding through in order to find the proper party sought.
A more antiquated method of doing in-house court records searches involves actually pulling court books or logs in which all information about a party and/or case has been entered, either handwritten or typed in manually. Sometimes this method is a more effective means of obtaining court information, although much more time consuming. The information is stored in the books that are arranged alphabetically and by year. It simply requires pulling each book under the correct alphabet and year and going page by page until the information is located.
Other Notes
An internet-based court records search requires first that the name of the court is known. Once that information is available and the website located, the area where the court records is located is usually found in a page known generally called “ecf” or “electronic court filings.” Anything that has happened in the case is entered into the ecf section.
In order to access this information, the search may require you to register and set up a password before proceeding as well as enter some form of payment method. After this has happened, the searcher can locate information about the parties, the case history and in some instances actually print some of the pleadings that have been filed in the case. The information is sorted chronologically from the inception of the case through to the most current court activity. Even cases that have been closed can usually be accessed through the ecf page.
Access to Information
As a result of advanced technology and the Freedom of Information Act, it is possible to perform searches and gain information on almost anyone without having too much information about that person beforehand. One’s privacy is safeguarded to a certain extent, however, because Social Security numbers are not available to the general public.
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